ORDINANCE NO. 2326
END CITY OF SOUTH GATE LOS ANGELES COUNTY, CALIFORNIA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE ADDING NEW CHAPTER 7.80 (MARIJUANA DISPENSARY) AND SECTIONS 7.80.010 (DEFINITIONS) AND 7.80.020 (PROHIBITED ACTIVITIES) TO TITLE 7 (PUBLIC SAFETY & MORALS) OF THE SOUTH GATE MUNICIPAL CODE; AND AMENDING SECTIONS 11.21.020 (GENERAL REQUIREMENTS) AND 11.21.030 (LAND USE PERMISSION TABLES) OF CHAPTER 11.21 (LAND USE TYPES) AND AMENDING SECTION 11.60.160 ("M" DEFINITIONS) OF CHAPTER 11.60 (DEFINITIONS) OF TITLE 11 (ZONING) OF THE SOUTH GATE MUNICIPAL CODE, ALL PERTAINING TO MARIJUANA CULTIVATION, PROCESSING AND DELIVERY
WHEREAS, the People of the State of California enacted Proposition 215, the Compassionate Use Act of 1996 (codified in Health and Safety Code section 11362.5, et seq.), which allows the possession and cultivation of marijuana for medical use by certain qualified persons; and
WHEREAS, in May 2001, the United States Supreme Court issued its decision in United States v. Oakland Buyers' Cooperative, 532 U.S. 483, holding that distribution of medical marijuana is illegal under the Compassionate Use Act and there is no medical necessity defense allowed under federal law; and
WHEREAS, the 2003, California Legislature enacted Senate Bill 420, the Medical Marijuana Program (codified in Health and Safety Code sections 11362.7 through 11362.83), to clarify the scope of the Compassionate Use Act and to permit qualified patients and their primary caregivers to associate collectively or cooperatively to cultivate marijuana for medical purposes without being subject to criminal prosecution under state law; and
WHEREAS, neither the Compassionate Use Act nor the Medical Marijuana Program require cities to allow, authorize, or sanction the establishment of facilities that cultivate or process medical marijuana within their jurisdictions; and
WHEREAS, in 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, holding that cities have the authority to ban medical marijuana land uses; and
4354835.1 -- L235.0 WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal. App. 4th 975, the California Court of Appeal upheld the city's total ban on all marijuana cultivation; and
WHEREAS, notwithstanding the passage of the Compassionate Use and the Medical Marijuana Program , the cultivation, distribution, possession, and use of marijuana is prohibited by federal law, specifically the Controlled Substances Act (21 U.S.C. section 801 et seq.); and
WHEREAS, on October 9, 2015, Governor Jerry Brown signed into law the "Medical Marijuana Regulation and Safety Act" ("Act") which is comprised of the following California legislative bills: Assembly Bill 243, Assembly Bill 266, and Senate Bill 643; and
WHEREAS, the Act becomes effective January 1, 2016, and contains provisions that govern the cultivating, processing, transporting, testing, and distributing of medical cannabis to qualified patients; and
WHEREAS, the Act establishes a state licensing scheme for commercial medical marijuana uses while protecting local control by requiring all such businesses to have a local license or permit to operate in addition to a state license; and
WHEREAS, the Act contains statutory provisions that allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program for the cultivation of marijuana (Health and Safety Code section 11352.777(c)(4)); and
WHEREAS, the Act also expressly provides that the Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements for marijuana (Business and Professions Code section 19315(a)); and
WHEREAS, the Act further expressly provides that the Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (Business and Professions Code section 19316(c)); and
WHEREAS, the Act also requires a local government that wishes to prevent marijuana delivery activity, as defined in Business & Professions Code section 19300(m) of the Act, from operating within the local government's boundaries to enact an ordinance affirmatively banning such delivery activity (Business and Professions Code section 19340(a)); and
WHEREAS, several California cities have reported negative impacts of marijuana cultivation, processing, and distribution activities, including offensive odors, illegal sales and distribution of marijuana, trespassing, theft, robberies and attempted robberies, fire hazards, and problems associated with mold, fungus, and pests; and
4354835.1 -- L235.0
WHEREAS, the City Council finds that commercial medical marijuana activities, as well as cultivation for personal medical use as allowed by the Compassionate Use Act and the amp Medical Marijuana Program can adversely affect the health, safety, and well-being of City residents; and
WHEREAS, Citywide prohibition of cultivation of marijuana is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and attractive nuisances that may result from such activities; and
WHEREAS, indoor cultivation of marijuana has potential adverse effects to the structural integrity of the building and the use of high wattage grow lights and excessive use of electricity increases the risk of fire which presents a clear and present danger to the building, its occupants, and neighboring properties and persons; and
WHEREAS, the Attorney General's August 2008 Guidelines for Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime; and
WHEREAS, based on the experiences of other cities, these negative effects on the public health, safety, and welfare are likely to occur in the City due to the establishment and operation of marijuana cultivation, processing, and distribution activities; and
imp WHEREAS, prior to the effective date of this ordinance, the cultivation, processing, delivery, and distribution of medical marijuana are prohibited in the City to the extent such activities are prohibited by the Controlled Substances Act or other law; and
WHEREAS, while the City Council believes that marijuana cultivation and all commercial medical marijuana uses are prohibited under the City's permissive zoning regulations, it desires to enact this ordinance to expressly make clear that all such uses are prohibited in all zones throughout the City; and
WHEREAS, based on the findings above, the potential establishment of the cultivation, processing and distribution of medical marijuana in the City without an express ban on such activities poses a current and immediate threat to the public health, safety, and welfare in the City due to the negative impacts of such activities described above;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. New Chapter 7.80 (Marijuana Dispensary) and Section 7.80.010 (Definitions) setting forth applicable definitions and Section 7.80.020 (Prohibited Activities) prohibiting marijuana cultivation, processing and delivery in the City of South Gate are hereby added in its
EON entirety to Title 7 (Public Safety & Morals) of the South Gate Municipal Code to read as follows:
4354835.1 -- L235.0 Chapter 7.80 MARIJUANA DISPENSARY Sections: 7.80.010 Definition. 7.80.020 Prohibited Activities.
7.80.010 Definition. For the purpose of this chapter, the following definitions shall apply: A. "Delivery" shall have the same meaning as set forth in Business and Professions Code section 13900.5(m).
B. "Marijuana" or "cannabis" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any hybrids, derivatives or strains. thereof, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code section 11362.5 (Compassionate Use Act of 1996) or the California Health and Safety Code sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
C. "Marijuana Cultivation" means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.
D. "Marijuana Processing" means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, trimming, packaging, testing, and extraction of active ingredients to create marijuana related products and concentrates.
E. "Medical cannabis," "medical cannabis product," or "cannabis product" means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Health and Safety Code section 11362.5).
F. "Medical Marijuana Dispensary" or "Marijuana Dispensary" means any association, business, office, facility, use, establishment or location, retail storefront, provider or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code section 19300.5(m) or any successor statute) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August
4354835.1 -- L235.0
2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the Office of the Attorney .... General for the state of California, or for the purposes set forth in California Health and Safety Code section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code sections 11362.7 to 11362.83 (Medical Marijuana Program Act). A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses is otherwise regulated by this code or application law: a clinic licensed pursuant to chapter 1 of division 2 of the Health and Safety Code, a healthcare facility licensed pursuant to chapter 2 of division 2 of the Health and Safety Code, a facility licensed pursuant to chapter 2 of division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to chapter 3.01 of division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to chapter 3.2 of division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to chapter 8 of division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code section 11362.5 et seq._provided, however, that cultivation for any purpose shall not be permitted. 11352.777(g).
7.80.020 Prohibited Activities. A. A medical marijuana dispensary or marijuana dispensary is prohibited in the City of South Gate.
B. Marijuana cultivation, marijuana processing, and delivery of marijuana or medical cannabis products are prohibited activities in the city, except where the city is preempted el. by federal or state law from enacting a prohibition on any such activity.
C. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities described in subparagraphs A and B above in the city, and no person shall otherwise establish or conduct such activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
SECTION 2. Table 11.21-1 (Prohibited Land Uses) of Section 11.21.020 (General Requirements) of Chapter 11.21 (Land Use Types) of Title 11 (Zoning) of the South Gate Municipal Code is hereby amended to read as follows:
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4354835.1 -- L235.0 Table 11.21-1 Prohibited Land Uses
Marijuana Dispensary/Cultivation/ Vehicle Wrecking Yard Processing/Distribution
Nitrocellulose Products, Cyber Cafe Manufacture of
Dairy Rendering Plant
Dead Animal Reduction or Dumping Slaughterhouse
Distillation of Bones Smelting
Garbage Processing Stockyard/Feeding Pen
Gas Manufacture Swap Meet/Flea Market
Glue Manufacture Tannery
Explosives Manufacture/Storage Unlawful Use
Junkyard Note: See Chapter 11.60 (Definitions) for definitions of these land use terms.
SECTION 3. Tables 11.21-3 (Allowed Land Uses, Urban Mixed—Use Zones) and 11.21-4 (Commercial Industrial Zones Allowed Land Uses) of Section 11.21.030 (Land Use Permission Tables) of Chapter 11.21 (Land Use Types) of Title 11 (Zoning) of the South Gate Municipal Code are hereby amended to read as follows:
Table 11.21-3 Allowed Land Uses, Urban Mixed-Use Zones
Additional Use LAND USE TYPE TV IF CC CDR1 CDR2 UN MS Regulations RESIDENTIAL USES Accessory Structure A-U A-U A-U A-U A-U A-U A-U 11.43 Child Day Care Facility, P P P P P P 2-P 11.40.050 Small Family Home Child Day Care Facility, P P P P P P 2-P 11.40.050 Large Family Home (A-P) Emergency Shelter (A-P) X PX X X X X X 11.23; Live/Work Unit (A-P) P P P P P P P 11.40.090; 11.33.080 11.23; Mixed-Use (A-P) P P P P P P P 11.25.080; 11.33.080 Multi-Family Residential 11.25.080, P P 2-P P P P 2-P (A-P) 11.33.090
4354835.1 -- L235.0 Table 11.21-3 Allowed Land Uses, Urban Mixed-Use Zones
Additional Use LAND USE TYPE TV IF CC CDR1 CDR2 UN MS Regulations 11.40.190 and consistent with Single Room Occupancy X P X X X P X the General Plan Apartments (A-P) Housing Element Supportive Housing [THIS LAND USE P P CUP P P CUP X (A-P)* CATEGORY IS Transitional Housing [THIS LAND USE P P CUP P P CUP 2-P (A-P)* CATEGORY IS Residential Care 11.25.080, P P 2-P P P P 2-P Facilities, Small 11.33.090 Residential Care 11.25.080, P P 2-P P P P (A-P) 2-P (A-P) Facilities, Large 11.33.090 RECREATION, EDUCATION, PUBLIC ASSEMBLY USES Community Assembly CUP CUP CUP CUP CUP CUP CUP 11.40.060 Library/Gallery/Museum P P P CUP P CUP CUP (A-P) School (A-P) CUP P P CUP P P CUP College, Industrial Trades X CUP X CUP CUP CUP X (D) College, Non-Traditional CUP P CUP P P CUP 2-CUP Campus (A-P) College, Traditional X CUP CUP X CUP X X Campus (D) PARKS/PLAZAS/OPEN SPACE USES Outdoor Amphitheater (D) P P P X X X P Parks/Recreation P P P P P P P Facility, Limited Parks/Recreation CUP P P P P P CUP Facility, Full (A-P) Public/Community P P P P P P P Garden (A-P)(1) CIVIC/INSTITUTIONAL USES Adult Day Care Center, CUP CUP CUP P CUP P P P General Adult Day Care Center, P P P P P P P Limited Child Day Care Facility, P P P XP P P P 11.40.050 Day Care Center(A-P) Commercial Training X X X X P CUP X Center Hospital (D) P P CUP P CUP P X
4354835.1 -- L235.0 Table 11.21-3 Allowed Land Uses, Urban Mixed-Use Zones
Additional Use LAND USE TYPE TV IF CC CDR1 CDR2 UN MS Regulations Institution (D) CUP P P P P P 2-P Funeral Home/Mortuary CUP CUP CUP P CUP P X PUBLIC/ UTILITY/ ENERGY USES Antenna/Communication s Equipment, Stand Alone CUP CUP CUP CUP CUP CUP X Accessory Attachment Antenna/Communication s Equipment, Integrated P P P P P P P into Original Building Design Fire/Police Substation P P P P P P CUP Utility CUP CUP X X X X X Metering/Distribution Public or Private, Parking Facility CUP CUP CUP CUP CUP CUP CUP 11.33 Public/Government P P P P P P P Building Power Distribution X CUP X CUP CUP X X Substation Public Utility, Structure or CUP CUP CUP CUP CUP X X Yard Renewable Energy System, Building P P P P P P P 11.40.180 Mounted (A-P) Renewable Energy System, Stand Alone X CUP X X X X X 11.40.180 Ground Mounted (D) Transit Station/Stop P P P P P P P OFFICE / RESEARCH & DEVELOPMENT (R&D) USES Research & Development P P P P P X X Business Services, P P P P P P P (<6,000 s.f.) pedestrian oriented Business Support P P CUP CUP CUP P 2-P (<12,000 s.f.) Services Business Support CUP P P CUP (2) CUP (2) P CUP (>12,000 s.f.) Services (2) Medical Services, CUP P(A-P) CUP CUP CUP X 2-CUP (3) Clinic/Urgent Care Medical Services, P P 2-P P P P CUP Medical/Dental/Holistic Medical Services, P P 2-P 2-P 2-P X X Extended Care Office, Processing 2-P P 2-P 2-P 2-P 2-P 2-P Office, P P P P P P P Professional/Admin
4354835.1 -- L235.0 Table 11.21-3 Allowed Land Uses, Urban Mixed-Use Zones
Additional Use LAND USE TYPE TV IF CC CDR1 CDR2 UN MS Regulations Office, Service P P ENTERTAINMENT/LODGING USES CUP Banquet Facility/Catering P P CUP (2) CUP (2) X X (2) Bed & Breakfast/Inn P X P P P X P Commercial CUP CUP CUP CUP CUP CUP CUP Entertainment Commercial Recreation, P CUP CUP P P P CUP Indoor Commercial Recreation, CUP CUP CUP CUP CUP CUP CUP Outdoor Hotel (D) P P P CUP CUP CUP CUP 11.40.080 Live Entertainment CUP CUP CUP CUP CUP CUP CUP Motel CUP CUP CUP CUP CUP CUP CUP 11.40.150 Theater P P P P P P CUP COMMERCIAL USES Adult-Oriented 11.41 X XP X X X X X Establishments Alcohol Sales, As Part of a CUP CUP CUP CUP CUP CUP CUP 11.42 Restaurant (4) (A-U) (A-U) (A-U) (A-U) (A-U) (A-U) (A-U) Alcohol Sales, As Part of a 11.42 Bar/Tavern/Nightclub/ X CUP X CUP XCUP XCUP CUP Lounge (4) Alcohol Sales, Off CUP CUP CUP CUP CUP 11.42 X X Sale/Mini-mart (A-U) (A-U) (A-U) (A-U) (A-U) <5,000 s.f. Alcohol Sales, Off Sale, As an Accessory Use to CUP CUP CUP CUP CUP CUP CUP 11.42 Retail Establishment Alcohol Sales, Off Sale, X XCUP X CUP CUP CUP CUP 11.42 Large Retail Alcohol Sales/Liquor X XCUP XX CUP CUP XCUP XCUP 11.42 Store Ambulance/Patrol/Dispa X P X 2-CUP 2-CUP X X tch Service (A-P) Animal Sales and Services, Veterinary CUP CUP X CUP CUP X X Hospitals Animal Sales and CUP P CUP P P X X Services, all other Assembly & Repair, Appliances/Furniture, X P X P P CUP X Repair Drive-through ATM P P P P P P P ATMs, see "Drive-Through
4354835.1 -- L235.0 Table 11.21-3 Allowed Land Uses, Urban Mixed-Use Zones
Additional Use LAND USE TYPE TV IF CC CDR1 CDR2 UN MS Regulations Service" Check Cashing X X X CUP CUP X X Cyber Cafes (A-U) X X X X X X X 11.40.100 Drive-Through Service Section CUP P CUP P P CUP CUP (D)(5)(6) 11.40.220 Dry Cleaning/Laundry, P P P P P P P Agency Dry Cleaning/Laundry, X P X X X X X Plant Food Market/Specialty P P P P P P P Market Gold, Semi-Precious, 11.40.110 Precious Metal Buying X CUP X CUP CUP CUP CUP Stores E-cigarettes/Vapor/ X P PX PX P P PX 11.40.130 Smoke Shops/Hookah 11.40.140 Massage Establishment X X X CUP CUP XCUP X
Merchandising Centers, X P X X P X X Indoor Marijuana Dispensary/ Cultivation/Processing/ X X X X X X X Distribution Motorcycle Parts/ X P X P P P X Accessory Sales Neighborhood Market/Convenience P P P P P P P (14) 11.42 Store 11.40.160; Outdoor Dining/Seating P P P P P P P 11.23.050; (A) (7)(8) 11.23.070 (E) CUP CUP Outdoor Vending, CUP CUP CUP CUP CUP (7, 8, (7, 8, Carts/Kiosks (7, 8, 15) (7, 8, 15) (7, 8, 15) (7,8, 15) (7, 8, 15) 15) 15) Personal Services, P P P P P P P General Personal Services, P P P P P P P Fitness/Health Facility Personal Services, 11.40.170 Fortune Palm & Card X X X P P XP P Reader Personal Services, CUP P P P P P P Instructional Repair, Fix-it Shop/Footwear/Garment P P P P P P P s Restaurant, Dine In and P P P P P P P 4354835.1 -- L235.0 Table 11.21-3 Allowed Land Uses, Urban Mixed-Use Zones
Additional Use LAND USE TYPE TV IF CC CDR1 CDR2 UN MS Regulations Take Out (without alcohol sales)(15) Restaurant, CUP CUP CUP CUP X CUP X 11.40.220 Drive-Through (5) (6) (10) (11) (12) (13) (525,000 s.f.); Retail Sales, General P (9) P (10) P P P (12) P (13) P (14) 11.23 Retail Sales, Large (>25,000 s.f.) X P X X X X X Format 11.23 C UP Retail Sales, Used/Pawn X X X CUP CUP X (1 3) 11.40.200 Tattoo/Body Modification X X X CUP CUP XP X RECYCLING FACILITIES (2) Chapter 11.44
Mobile Recycling Unit CUP CUP X CUP CUP CUP X
Reverse Vending P (A-U) P (A-U) P (A-U) P (A-U) P (A-U) P (A-U) P (A-U) 11.44.070 Machines, Bulk (17) Reverse Vending P (A-U) P (A-U) P (A-U) P (A-U) P (A-U) P (A-U) X 11.44.070 Machines, Standard (17) Recycling/Collections CUP CUP CUP CUP CUP CUP X 11.44.080 Facilities, Small Recycling/Collections X CUP X CUP CUP X X 11.44.090 Facilities, Large VEHICLE SALES/REPAIR USES (2) Vehicle Fueling Station CUP CUP X CUP CUP CUP CUP 11.45 (A-P) (10) (13) Vehicle Sales, X CUP X CUP CUP X X New/Other/Used Vehicle Rentals CUP X CUP CUP CUP X X Vehicle Services, Limited X CUP X P P CUP X Repair Vehicle Services, X CUP X CUP CUP X X Repair/Storage Vehicle Services, X CUP X CUP CUP CUP X Washing/Detailing Vehicle Parts Store X X X P P P X INDUSTRIAL/MANUFACTURING USES Artisan/Craft Product CUP P X CUP CUP CUP X Manufacturing Digital arts, media, film, video, TV and radio X P X X X X X production Industrial Design P P P P P P P
4354835.1 -- L235.0 Table 11.21-3 Allowed Land Uses, Urban Mixed-Use Zones
Additional Use LAND USE TYPE TV IF CC CDR1 CDR2 UN MS Regulations Services Light Manufacturing X P X X X X X Technical and Scientific P P P CUP CUP X X Laboratories Production of P P X X X X X Experimental Products Parcel Delivery Service X P X X X X X CUP Warehousing X X X X X X 11.22.060 (18)
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4354835.1 -- L235.0 Table 11.21-4 Commercial Industrial Zones Allowed Land Uses ZONES WNW Additional Use RC LI HI1M2 HI2M3 LAND USE TYPE Regulations RESIDENTIAL USES Emergency Shelter (A-P) X X(1) X X 11.40.240 and Ordinance 2322 Mixed-Use CUP X X X 11.23; 11.25.040 Live/Work Unit CUP CUP X X 11.23; 11.33.080; 11.40.090; Multi-Family Residential (2) CUP X X X 11.25.070/080; 11.33.020 Supportive Housing* CUP P X X Transitional Housing* CUP P X X RECREATION, EDUCATION, PUBLIC ASSEMBLY USES College, Industrial Trades (3) X CUP CUP CUP College, Non-Traditional Campus (D) CUP P X X College, Traditional Campus X CUP X X Community Assembly (3)(A-P) CUP CUP X X 11.40.060 Library/Gallery/Museum (A-P) P P X X PARKS / PLAZAS / OPEN SPACE USES Outdoor Amphitheater (4) CUP X X X Parks/Recreation Facility, Limited (3) P CUP X X Parks/Recreation Facility, Full (3) P CUP X X Public/Community Garden (A-P) (3) P P P P es. CIVIC/ INSTITUTIONAL USES Adult Day Care Center, General (3) CUP CUP X X Adult Day Care Center, Limited (3) CUP CUP X X Child Day Care Facility, Day Care CUP X X X 11.40.050 Center, Stand Alone Facility (3) Commercial Training Center CUP CUP CUP CUP Hospitals (D) CUP CUP CUP CUP Institutions (D) CUP CUP CUP CUP Funeral Homes/Mortuary CUP P CUP CUP PUBLIC/ UTILITY/ ENERGY USES Antenna/Communication Facility CUP P P P Fire/Police Substation P P P P Public or Commercial; Parking Facility (3) CUP CUP P P 11.33 Power Distribution Substation CUP P P P Public/Government Building P P P P Public Utility, Structure or Yard (3) CUP P P P Renewable Energy System, A-U A-U A-U A-U 11.40.180 Building Mounted (A-P) Renewable Energy System, Stand X CUP CUP CUP 11.40.180 Alone or Ground Mounted (D) Transit Station/Stop (3) P P P P
4354835.1 -- L235.0 Table 11.21-4 Commercial Industrial Zones Allowed Land Uses ZONES Additional Use RC LI HI1M2 HI2M3 LAND USE TYPE Regulations Brew Pub CUP CUP X X Drive-Through Service (7) P P P P Dry Cleaning/Laundry, Agency P P P P Dry Cleaning/Laundry, Plant X P P P E-cigarettes/Vapor/ P X X X 11.40.130 Smoke Shops/Hookah Food Market/Specialty Market P P P P Gold, Semi-Precious, Precious Metal CUP CUP X X Buying Stores Marijuana Dispensary/ X X X X Cultivation/Processing/ Distribution Merchandising Centers CUP CUP X X Nursery (Plant Cultivation) X P P P Organic Fertilizer Manufacturer (9) X CUP CUP CUP 11.40.120; 11.23.050; Outdoor Dining/Seating (4) P P P P 11.23.070 (E) Outdoor Vending, Kiosks/Carts(4) CUP CUP P P Personal Services, General P P X X Personal Services, Fitness/Health P P X X Facility Personal Services, Fortune Telling, 11.40.170 PX PX X X Palm & Card Reader Personal Services, Instructional P P X X Repair, Fix-it X P P P Shop/Footwear/Garments Repair, Appliances/Furniture (3) X P P P Restaurant, Dine In and Take Out P P P P 11.40.160 Restaurant, Drive-Through (7) P (8) CUP P P 11.40.220 Retail Sales, General P (8) P P P Retail Sales, Large Format P P P P Retail Sales, Used/Pawn X X X X Stables, Equestrian, X X CUP X Commercial/Private Tattoo/Body and Art/Piercing X X X X Winery (D) X CUP CUP CUP RECYCLING FACILITIES Mobile Recycling Unit CUP CUP P (A-U) P (A-U) Reverse Vending Machines, Bulk (9) CUP CUP P (A-U) P (A-U) 11.44.070 Reverse Vending Machines, Standard P (A-U) P (A-U) P (A-U) P (A-U) 11.44.070 (9) Recycling/Collections Facilities, Small CUP CUP P (A-U) P (A-U) 11.44.080 Recycling/Collections Facilities, Large X CUP CUP CUP 11.44.090 Recycling Processing Facilities, X CUP CUP CUP 11.44.100/110
4354835.1 -- L235.0 Table 1121-4 Commercial Industrial Zones Allowed Land Uses ZONES Additional Use RC LI HI1M2 HI2M3 LAND USE TYPE Regulations Light/Heavy VEHICLE SALES/REPAIR USES Vehicle Fueling Station (A-P) P (8) P P CUP 11.45 Vehicle Sales, New CUP P P CUP Vehicle Sales, Other X CUP CUP CUP Vehicle Sales, Used CUP CUP CUP CUP Vehicle Rentals X P P X Vehicle Services, Limited Repair (3) X P X X Vehicle Services, Repair/Storage (3) X X P P Vehicle Services, Washing/Detailing CUP CUP CUP CUP Vehicle Parts Store P P CUP CUP Vehicle Towing/ Impounding X X P P INDUSTRIAL/MANUFACTURING USES Aircraft/Missile Factory X X P P Artisan/Craft Product Manufacturing P P P P (3) Assembly/Bottling/Distribution Plant X X P P Assembly, Fabrication, and Light X P P P Manufacturing Auction X CUP P P Boat Building (3) X X P P Bookbinding X P P P Building Materials Storage Yard (A-P) X(10) X P P (3) Caretaker Unit X P P P 11.24.060 J(8) Concrete or cement manufacturing X X CUP CUP Contractor Office and Services, Full X X P P Contractor Office and Services, X P P P Limited Digital arts, media, film, video, TV and X P P P radio production Drop Forge, Drop Hammer, Industrial X X CUP P Press Electrical Generating Plant/Peaker X CUP P P Plants (D) Food/Creamery Manufacture X CUP P P Food Processing X P P P Foundry, Ferrous and Nonferrous X X P P Freight Classification Yard (D) X X P P Grinding Shops, Milling X P P P General Manufacturing/Assembly X P P P Industrial Design Services P P P X
4354835.1 -- L235.0 Table 11.21-4 Commercial Industrial Zones Allowed Land Uses ZONES Additional Use RC LI HI1M2 HI2M3 LAND USE TYPE Regulations Horticultural Services X P P P Liquefied Petroleum Gas X X CUP CUP 11.45 Machine Shop, Limited X CUP P P Machine Shop, Full X CUP P P Manufacturing, Light X P P P Manufacturing, X X P P Liquids/Chemical/Mineral Manufacturing, Fabrication/Welding X X P P Mini-warehousing X X CUP CUP Outdoor Advertising Display CUP CUP CUP P Parcel Delivery Service X X CUP CUP Parking, Fleets X P P P Petroleum Products/Wholesale X X P P Storage of Petroleum Power Distribution Substations X CUP CUP CUP Production of Experimental Products X X CUP CUP Pumping Plant/Pipe Line Booster X X P P Punch Press X X P P Storage Facilities X CUP CUP P Transit/Transportation Equipment X X CUP CUP Storage Technical/Scientific Laboratories CUP CUP A-U A-U Truck Repair and Overhauling (3) X X CUP CUP Truck Storage/Terminal (D) X X CUP CUP Warehousing (11) X XCUP CUP CUP Wholesale, Processing/ X X CUP CUP Distribution
SECTION 4. Section 11.60.160 ("M" definitions) of Chapter 11.60 (Definitions) of Title 11 (Zoning) of the South Gate Municipal Code is hereby amended in its entirety to change the definition of "Marijuana distribution facility" to read as follows:
-Medical marijuana dispensary", marijuana dispensary, marijuana cultivation, marijuana processing, and delivery of marijuana or medical cannabis products (land uses), as these terms are defined in Section 7.80.010, are land uses prohibited in the city of South Gate.
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SECTION 5. The City Council hereby finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15061(b)(3) (the activity will not result ea. in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 6. This Ordinance's provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance's remaining portions and the Ordinance's application to other persons and circumstances. The City Council hereby declares that it would have passed the remainder of this Ordinance without the invalid or unconstitutional provision.
SECTION 7. This Ordinance shall take effect and be in force on the thirty-first (31st) day after its adoption.
SECTION 8. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED and ADOPTED this 9th day of February 2016.
CITY OF SOUTH GATE:
(SEAL)
APPROVED AS TO FORM:
Raul F. Salinas, City Attorney
4354835.1 -- L235.0 ORDINANCE CERTIFICATION PAGE
MID STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF SOUTH GATE
I, Carmen Avalos, City Clerk of the City of South Gate, California, hereby certify that the whole
number of Members of the City Council of said City is five; that Ordinance No. 2326 was
adopted by the City Council at their Regular Meeting held on February 9, 2016, by the following
vote:
Ayes: Council Members: Morales, De Witt, Davila, Hurtado and Bernal
Noes: Council Members: None
MM. Absent: Council Members: None
Abstain: Council Members: None
Witness my hand and the seal of said City on February 16, 2016.
!
Carmen Avalos, City Clerk City of South Gate, California